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INDONESIA
Jurnal Mengkaji Indonesia
Published by CV. Era Digital Nusantara
ISSN : -     EISSN : 29636787     DOI : 10.59066/jmi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Articles published in the Jurnal Mengkaji Indonesia are based on research or thoughts focusing on recent or contemporary studies on Indonesia from social sciences, political sciences, and legal studies approach. Jurnal Mengkaji Indonesia prioritizes works related to issues and challenges that exist in Indonesia which can be discussed and explained through various perspectives, and paradigms, and can be written in Indonesian or English. The contents of Jurnal Mengkaji Indonesia include scientific articles and summaries of theses/dissertations.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 75 Documents
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The Political Economy of Indonesia’s Nickel Downstreaming amid WTO Disputes and Industrial Transformation Cik Ida Kumalasari Amirudin; Romy Hermawan
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.2432

Abstract

Abstract: This article examines Indonesia’s nickel downstreaming policy within the interaction between global trade pressures, World Trade Organization (WTO) disputes, and domestic industrial transformation. The increasing global demand for nickel driven by the expansion of electric vehicle (EV) industries has positioned Indonesia as a strategic actor in the global mineral supply chain. However, Indonesia’s export restrictions on raw nickel ore and downstream industrial policies have generated tensions within the international trade regime, particularly through the WTO dispute initiated by the European Union. Previous studies have generally focused either on global trade governance or domestic industrial policy separately, resulting in limited integrative analysis explaining how global trade pressure, institutional capacity, and political legitimacy simultaneously shape trade policy outcomes in developing countries. Purpose: This study aims to analyze Indonesia’s nickel downstreaming policy through an integrative political economy perspective that examines the interaction between global trade governance, domestic institutional dynamics, and political legitimacy in shaping industrial transformation. Design/Methodology/Approach: This research employs a qualitative approach using policy analysis and case study methods. Data were collected from government regulations, WTO dispute documents, trade reports, investment statistics, academic journals, and secondary empirical data related to Indonesia’s nickel industry and downstream industrial development. Findings: The study finds that Indonesia’s downstreaming policy is shaped not only by global trade pressure and WTO regulations but also by domestic institutional capacity, industrial policy objectives, and economic nationalism. The policy contributed to increased processed nickel exports, industrial investment, and Indonesia’s strategic position within the global EV supply chain despite international trade disputes and external pressure from developed countries. Originality/value: This article contributes to the literature by developing an integrative analytical framework that explains how global trade governance, domestic institutional capacity, and political legitimacy interact in shaping industrial policy outcomes.
Beyond Judicial Review: Constitutional Court Decision No. 62/PUU-XXII/2024 as a Landmark Decision Baharuddin Riqiey; Yuriadi
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.2441

Abstract

Abstract: The regulation of the presidential threshold has consistently been regarded by the Indonesian Constitutional Court as falling within the exclusive domain of the legislature, as reflected in at least 34 prior decisions. However, both constitutional theory and practice acknowledge that courts may depart from established positions when confronted with new legal and social realities. Such decisions, which significantly shift judicial reasoning, are often characterized as landmark decisions. Despite the importance of this concept, there remains a gap in systematically assessing whether specific Constitutional Court rulings meet the established criteria of a landmark decision, particularly in the Indonesian context. This study addresses that gap by evaluating Constitutional Court Decision Number 62/PUU-XXII/2024 against the criteria proposed by Amran Suadi. The findings demonstrate that the decision satisfies all five key criteria, namely final and binding authority, the presence of legal discovery, responsiveness to evolving social dynamics, contribution to the direction of legal development, and its unprecedented nature in judicial reasoning. Accordingly, this decision can be classified as a landmark decision with significant doctrinal and practical implications for Indonesian constitutional law. Purpose: This study aims to evaluate whether Constitutional Court Decision Number 62/PUU-XXII/2024 qualifies as a landmark decision based on established legal criteria. Design/Methodology/Approach: This research employs a normative legal method, utilizing a statutory, conceptual, and case-based approach to analyze the decision in light of relevant legal doctrines and scholarly frameworks. Findings: The study finds that Decision Number 62/PUU-XXII/2024 fulfills all criteria of a landmark decision, including its binding nature, innovative legal reasoning, responsiveness to societal changes, influence on future legal development, and its departure from prior judicial positions. Originality/value: This research offers a systematic application of landmark decision criteria within the Indonesian constitutional context, providing a structured evaluation that contributes to the development of constitutional jurisprudence and judicial analysis.
Controversy over the Customary Land Ownership: A Political Analysis Khandakar Q. Elahi
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.2554

Abstract

Abstract: This article examines the persistent controversy surrounding customary land ownership through a political and philosophical lens. While existing scholarship has predominantly approached customary land tenure from economic and administrative perspectives, this study argues that the core issue is fundamentally political because property rights derive from state authority and legal recognition. By tracing the historical evolution of customary land tenure and analyzing the concepts of property and sovereignty through John Locke’s theory of property and the Locke–Rousseau conception of the nation-state, the article investigates the implications of decolonization and state formation for customary land governance. The findings suggest that the transition from clan-based political organizations to modern nation-states fundamentally transformed the basis of land ownership. Consequently, claims of communal ownership by clans over extensive customary territories are conceptually inconsistent with the principles of the nation-state. The study proposes a twofold reform framework: first, a constitutional recognition of the state as the ultimate owner of national land resources; and second, a cadastral and landform-based approach to classify land into public and private ownership categories. This political reinterpretation provides a coherent framework for resolving customary land disputes, improving land governance, strengthening tenure security, and promoting socioeconomic development in countries where customary land tenure remains dominant. Purpose: To analyze the controversy over customary land ownership from a political-philosophical perspective and develop a coherent framework for land tenure reform based on property rights theory and nation-state principles. Design/Methodology/Approach: This study employs qualitative political analysis grounded in historical institutionalism and political philosophy. It utilizes an extensive literature review, historical records, policy documents, and theoretical analysis based on Locke’s property theory and the Locke–Rousseau conception of the nation-state. Findings: The study finds that customary land ownership conflicts stem from an inconsistency between traditional clan-based governance structures and modern nation-state institutions. The formation of nation-states transferred territorial sovereignty to national governments, rendering communal clan ownership claims over extensive customary lands conceptually incompatible with contemporary statehood. A constitutional and cadastral reform framework is therefore necessary. Originality/value: This article offers a novel political-philosophical interpretation of customary land tenure by linking property rights, sovereignty, and nation-state formation. It moves beyond conventional economic analyses and provides an original framework for resolving customary land ownership disputes in postcolonial societies.
Indonesia's Compounding Economic Vulnerabilities in Mid-2026: A Multi-Dimensional Assessment and Policy Framework Dewi Joanne Suhandeniputri; Rizky Bangun Wibisono
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.2653

Abstract

Abstract: Provides an evidence-based, real-time assessment of Indonesia’s compounding macroeconomic vulnerabilities in the first half of 2026, organised through a five-layer crisis sequencing framework. Purpose: This paper examines the compounding macroeconomic vulnerabilities confronting Indonesia in the first half of 2026, focusing on the concurrent deterioration of currency stability, external balances, financial market confidence, and fiscal space. It develops a structured, time-sequenced policy framework to address these pressures and situates the episode within the comparative literature on compound emerging-market crises. Design/Methodology/Approach: This paper examines the compounding macroeconomic vulnerabilities confronting Indonesia in the first half of 2026, focusing on the concurrent deterioration of currency stability, external balances, financial market confidence, and fiscal space. It develops a structured, time-sequenced policy framework to address these pressures and situates the episode within the comparative literature on compound emerging-market crises. Findings: Indonesia entered the early-to-middle stage of simultaneous currency, monetary, and financial stress. The rupiah touched an all-time low of Rp18,096 per US dollar on 5 June 2026 before recovering to Rp17,865 at the close of 12 June 2026. The trade surplus collapsed from USD 3.32 billion in March to USD 0.09 billion in April. Cumulative foreign portfolio outflows exceeded Rp67 trillion year-to-date, and the Jakarta Composite Index (IHSG) fell as much as 30.4% from its yearly high before rebounding past 6,000 on 12 June. The short-term stabilisation observed between 9 and 12 June was driven by an off-cycle policy rate increase, coordinated state-owned enterprise buybacks, Danantara Investment Management's USD 1.5 billion debut bond issuance (more than three times oversubscribed), and improving sentiment around prospective US-Iran talks that pushed Brent crude below USD 90 per barrel. The paper argues, following recent assessments of Indonesia's macro credibility, that the episode reflects an accumulation of policy slippage and institutional ambiguity rather than a sudden shock, distinguishing it from comparable turbulence in 2025. Originality/value: The paper contributes a real-time, evidence-based diagnostic of Indonesia's mid-2026 condition through a five-layer sequencing framework that links monetary instability, trade deterioration, and fiscal pressure to governance deficits and social-stress indicators. Recommendations draw on comparative historical cases, including Ghana's COCOBOD episode and Indonesia's own institutional reform trajectory since 1998, making the framework directly applicable to the present policy environment.
Forms of Constitutional Disobedience Against Final and Binding Decisions of the Constitutional Court Hoky Yuro Herlambang
Jurnal Mengkaji Indonesia Vol. 5 No. 1 (2026): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v5i1.2658

Abstract

Abstract: Constitutional Court rulings are final and binding, and thus must be obeyed by all state institutions. Indonesian constitutional practice reveals instances of non-compliance with Constitutional Court rulings—manifested through delayed implementation, disregard for the ruling's operative provisions, or the enactment of new norms that contradict the Court's decisions. This situation gives rise to a phenomenon of "constitutional disobedience," which undermines constitutional supremacy, legal certainty, and the effectiveness of the Constitutional Court in its role as the guardian of the constitution. This study aims to analyze the regulation of constitutional disobedience within the Indonesian constitutional system and to examine the urgency of granting the Constitutional Court the authority to issue judicial orders as a mechanism to strengthen the implementation of its rulings. Employing a normative legal research method, this study utilizes statutory, conceptual, and case-based approaches. The findings indicate that the 1945 Constitution of the Republic of Indonesia does not explicitly address constitutional disobedience nor provide enforcement mechanisms to guarantee the implementation of Constitutional Court rulings, particularly those that are non-self-executing. The study concludes that granting the Constitutional Court the authority to issue judicial orders is necessary as a constitutional instrument to bolster constitutional compliance, ensure the effectiveness of the Court's rulings, and uphold constitutional supremacy and the principle of checks and balances within Indonesia's constitutional system Purpose: Knowing to what extent the Constitutional Court's decisions are binding and final for state institutions. Design/Methodology/Approach: This research falls into the category of normative legal research. Legal research conducted by examining library materials or secondary data is referred to as normative legal research or library-based legal research. Findings: To find out the consequences for state institutions that do not implement the Constitutional Court's decisions, thus causing constitutional disobedience or defiance of the constitution. Originality/value: Offering judicial order as a constitutional mechanism to strengthen the implementation of Constitutional Court decisions.

Page 8 of 8 | Total Record : 75

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